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Iowa Department of Education
Sample District Harassment and
Bullying Policy
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The school district is committed to
providing all students with a safe and civil school environment in which
all members of the school community are treated with dignity and
respect. To that end, the school district has in place policies,
procedures, and practices that are designed to reduce and eliminate
bullying and harassment as well as processes and procedures to deal with
incidents of bullying and harassment when they occur.
Bullying and harassment of students by
other students, school officials, faculty, staff, and volunteers who
have direct contact with students will not be tolerated in the school
district. The school district prohibits harassment, bullying, hazing, or
any other victimization based on real or perceived race, sex, creed,
color, national origin, religion, marital status, disability, sexual
orientation, physical appearance, and/or personality characteristics.
This policy is in effect while
students are on property within the jurisdiction of the school district;
while on school-owned and/or school-operated vehicles; while attending
or engaged in school sponsored activities; and while away from school
grounds if the misconduct directly affects the good order, efficient
management and welfare of the school district. If after an investigation
a student is found to be in violation of this policy, the student shall
be disciplined by measures up to and including suspension and expulsion.
Harassment as set forth above may
include, but is not limited to the following behavior/overt acts and or
circumstances:
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Verbal, nonverbal, physical or written
harassment, bullying, hazing, or other victimization that have the
purpose or effect of causing injury, discomfort, fear, or suffering
to the victim;
-
Repeated remarks of a demeaning nature that have the purpose or
effect of causing injury, discomfort, fear, or suffering to the
victim;
-
Implied or explicit threats concerning one's grades, achievements,
property, etc. that have the purpose or effect of causing injury,
discomfort, fear, or suffering to the victim;
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Demeaning jokes, stories, or
activities directed at the student that have the purpose or effect
of causing injury, discomfort, fear, or suffering to the victim;
and/or
-
Unreasonable interference with a
student's performance or creation of an intimidating, offensive, or
hostile learning environment.
Sexual harassment means unwelcome
sexual advances, requests for sexual favors, or other verbal or physical
conduct of a sexual nature when:
-
Submission to the conduct is made
either implicitly or explicitly a term or condition of the student’s
education or benefits;
-
Submission to or rejection of the
conduct by a school employee is used as the basis for academic
decisions affecting that student; or
-
The conduct has the purpose or effect
of substantially interfering with the student’s academic performance
by creating an intimidating, hostile, or offensive education
environment.
In situations between students and
school officials, faculty, staff, or volunteers who have direct contact
with students, bullying and harassment may also include the following
behaviors:
-
Requiring that a student submit to
bullying or harassment by another student, either explicitly or
implicitly, as a term or condition of the targeted student’s
education or participation in school programs or activities; and/or
-
Submission to or rejection of such
conduct by a student is used as a basis for decisions affecting the
student.
Retaliation against a student because
the student has filed a bullying or harassment complaint or assisted or
participated in a harassment investigation or proceeding is also
prohibited. Students who knowingly file false harassment complaints or
give false statements in an investigation shall be subject to discipline
by measures up to and including suspension and expulsion, as shall any
student who is found to have retaliated against another in violation of
this policy.
The district will promptly and
reasonably investigate allegations of harassment. The building
principal, Level I investigator, or designee will be responsible for
handling all complaints by students alleging harassment.
It will also be the responsibility of the superintendent, in conjunction
with the investigator and principals, to develop procedures regarding
this policy. The superintendent will also be responsible for organizing
training programs for students, school officials, faculty, staff, and
volunteers who have direct contact with students. The training will
include how to recognize harassment and what to do in case a student is
harassed. It will also include proven effective harassment prevention
strategies. The superintendent will also develop a process for
evaluating the effectiveness of the policy in reducing bullying and
harassment in the school district. The superintendent shall report to
the board on the progress of reducing bullying and harassment in the
school district.
Iowa Association of School Boards
Position Statement: Preventing
Bullying and Harassment
OVERVIEW:
Children learn better when they feel
safe at school. All children deserve to be safe and know they are
protected no matter their personal characteristics, yet bullying and
harassment put many students at risk. It is the responsibility of Iowa
school districts to ensure all students are safe while in the classroom
or engaging in school activities.
BACKGROUND:
School safety came to the forefront in
the mid-1990s due to a string of school shootings. The brutality at
Columbine High School in 1999 merely reinforced the need for school
districts to address student safety in a way never before seen by school
boards, administrators, staff and parents. While schools were already
encouraged to have school emergency plans and practice them, Columbine
was the impetus many school districts needed to take student safety more
seriously. Educators were no longer complacent, believing “It can’t
happen here.”
Also surfacing in the 1990s was the
issue of how children react when bullied at school. The common
denominator among many of the school shootings was that the shooter had
been bullied at school and was taking revenge. While educators
acknowledged bullying occurred, they didn’t anticipate students would or
could react so violently to being bullied. Bullying is a serious issue
school districts are now fighting head on. It is no longer acceptable
for educators and parents to believe bullying is a rite of passage for
some or turn a blind eye and allow bullying to occur.
A recent national survey indicates how
prevalent bullying and harassment is in schools.*
-
Two-thirds (65 percent) of teens
report that they have been verbally or physically harassed or
assaulted during the past year because of their perceived or actual
appearance, gender, sexual orientation, gender expression,
race/ethnicity, disability or religion.
-
The reason most commonly cited for
being harassed is a student’s appearance as 39 percent of students
report they are frequently harassed for the way they look or their
body size.
-
The next most common reason for
harassment, 33 percent, is because they are or are perceived to be
gay, lesbian or bisexual.
CURRENT SITUATION:
The Iowa Educational Standards require
board policies addressing student conduct including prohibiting
harassment of or by students and staff. The law does not specify which
sub-groups of students should be specifically protected from harassment,
recognizing all students are to be protected no matter their personal
characteristics. Federal law also requires schools to have
anti-harassment policies based upon specific individual characteristics
such as race, ethnicity, gender, national origin, religion and
disability. While federal law does not specifically address “sexual
orientation,” courts have held that, for purposes of anti-harassment
policies, harassment based upon a student’s real or perceived sexual
orientation is “sex discrimination” and actionable under federal law.
It should not matter whether a child
is gay, obese or has a mental illness -- every child has a right to
attend school free from harassment and bullying. Several state
organizations have recommended that local school boards add sexual
orientation to the list of subgroups, expanding upon the protected
classes required by state and federal law. Because the federal
anti-harassment law has already been interpreted as protecting students
based upon their sexual orientation, it is IASB’s position that the
expanded policy language is not necessary. That said, boards may choose
to add the language to reinforce with staff and the community the
board’s commitment that all students be protected from bullying and
harassment. Several boards in Iowa have taken that option. Whether
board policy specifies additional subgroups or not, a key to safety for
all students is ensuring that administrators enforce the policy on a
daily basis in schools and classrooms.
IASB has worked with the Iowa
Department of Education, other statewide education organizations and
Employers Mutual Companies to ensure appropriate resources are available
to schools to eradicate bullying in Iowa school districts. IASB has
also been a member of the Safe Schools Task Force since its inception in
2001.
Many anti-bullying curricula are
available to school districts. School districts can contact either the
Iowa Department of Education or their area education agency for
resources and an anti-bullying curriculum.
RECOMMENDATIONS
FOR STATE AND LOCAL POLICYMAKERS:
Recommendations for State
Policymakers:
-
Talk to your local schools and see
what steps they have taken to ensure students’ safety at school and
eradicate bullying in the schools.
-
Talk to members of Iowa’s
congressional delegation and ask them to support increased funding
for Safe and Drug Free Schools, the main funding source for safe
schools programming.
-
Listen to educators about what
assistance and resources are needed to protect students.
-
Recognize that all students deserve to
be safe at school and continue state policy that protects all
students no matter their personal characteristics.
RECOMMENDATIONS FOR LOCAL
POLICYMAKERS:
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Develop, implement and practice an
emergency plan.
-
Ensure board policy is being enforced
for every student in the school district and that certain students
are not left unprotected due to personal characteristics.
-
Ask the administration to report on
the extent of bullying and harassment in the school district.
-
Recognize that bullying is not a rite
of passage and cannot be ignored.
-
Evaluate your safe schools
programming, including talking to or surveying students, to
determine whether the programs are working.
-
Provide the resources for staff
training on anti-bullying practices, curriculum and enforcement.
-
Consider adding “sexual orientation”
or “other personal characteristics” to your board policy prohibiting
harassment of students.
ADVOCACY MESSAGES:
-
All students have a right to be and
feel safe at school.
-
Schools must protect all students.
-
School employees must be given the
ability and authority to enforce anti-bullying and anti-harassment
policies.
-
Bullying and harassing activities once
seen as a rite of passage must be stopped.
-
Local school boards are best suited to
determine how to implement anti-bullying and anti-harassment
programs in their districts.
RESOURCES:
*From Teasing to Torment: School
Climate in America, A Survey of Students and Teachers. Commissioned by
the Gay, Lesbian and Straight Education Network, Researched by Harris
Interactive. 2005.
CONTACTS: Mary Gannon,
Attorney, IASB
School Administrators of Iowa
Representative Council Resolution
SAI will encourage Iowa school boards
to add the words 'sexual orientation' to Discrimination and Harassment
board policies.
Iowa Parent Teacher Association
Position Statement: Identity
Development
The Iowa PTA recognizes the importance
of a safe, caring environment for the healthy development of all
children and youth. Because of a fear of being rejected, harassed, or
physically harmed, youth, including gay and lesbian, may be hesitant to
ask for help or to share their concerns with others. Therefore, the
Iowa PTA supports a school environment that is understanding of, and
knowledgeable about, the nature of identity development. |